Nevada Wrongful Death Legal Questions

 In wrongful death actions, there are generally two (2) classes of claims. The first are claims brought on behalf of the estate (which are filed by the Personal Representative). N.R.S. 41.085(5). The Estate can recover (a) any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent's death, and funeral expenses; and (b) any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent The second class of claims are those made by heirs under Nevada law. NRS 41.085(2). "Heir" is a legal term by relation which means, close friends, unmarried significant others and stepchildren cannot recover. An heir can recover "pecuniary damages for the person's grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent." NRS 41.085(4). These claims are the claims held by your siblings and you for which the recovery would belong to each of you individually.  The first class of claims seeks monies as part of the Estate and the proceeds are subject to claims of creditors against the Estate; the second class of claims belong to the heirs individually and are not susceptible to the creditors of the Estate.  The representative merely works for the Estate and will not get a larger portion  of the settlement monies merely because the Representative is the name and face of action.... Read More

I am unable to ascertain what your question is from the matter posed above.  In wrongful death actions, there are generally two (2) classes of claims.  The first are claims brought on behalf of the estate (which are maintained by the Personal Representative). N.R.S. 41.085(5). The Estate can recover (a) [a]ny special damages, such as medical expenses, which the decedent incurred or sustained before the decedent's death, and funeral expenses; and (b) [a]ny penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived, but may not recover damages for pain, suffering or disfigurement of the decedent. The second class of claims are those made by heirs under Nevada law.  NRS 41.085(2).  "Heir" is a legal term by relation which means, close friends, unmarried significant others and stepchildren cannot recover.  An heir can recover "pecuniary damages for the person's grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent." NRS 41.085(4).  The first class of claims seeks monies as part of the Estate and the proceeds are subject to claims of creditors against the Estate; the second class of claims belong to the heirs individually and are not susceptible to the creditors of the Estate. The statute of limitations for a wrongful death claim is 2 years.  NRS 11.190(4)(e) provides that (with one exception) "an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another" must be brought within two years of the date of the act.  You indicate that the father in question was killed in 2007, which would place the date of death far outside of the statute of limitations.... Read More